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ANTI-DUMPING DUTIES ORDINANCE 2000 ANTI-DUMPING DUTIES ORDINANCE 2000 ORDINANCE LXV OF 2000 An Ordinance to amend and consolidate the law relating to imposition of anti-dumping duties to offset such dumping [Gazette of Pakistan, Extraordinary, Part I, 22nd December, 2000] F.No.2(I)/2000-Pub., dated 22-12-2000.-The following Ordinance made by the President is hereby published for general information:-- PART XVI APPEAL TO APPELLATE TRIBUNAL 64. Appeal to the Appellate Tribunal.--(1) The Federal Government shall, by .notification in the Official Gazette, establish an Appellate Tribunal for the purposes of exercising jurisdiction pursuant to subsection (2). (2) Any interested party may prefer an appeal to the Appellate Tribunal against-- (i) an affirmative or a negative final determination by the Commission; and (ii) any final determination pursuant to review. (3) The Appellate Tribunal shall comprise of the following to be appointed by the Federal Government, namely.-- (i) a retired Judge of the Supreme Court who shall also be the Chairman of the Appellate Tribunal; (ii) a person well-known for his integrity, expertise and experience in economics with particular reference to international trade related issues; and (iii) a person well-known for his integrity, expertise and experience in matters related to customs law and practice. (4) The salary allowances and other terms and conditions of services of a person appointed to the Appellate Tribunal shall be such as may be determined by the Federal Government. (5) Every appeal under subsection (2) shall be filed within forty-five days from the date of the notice published in newspapers of an affirmative or a negative final determination by the Commission, as the case may be. and shall be in such form and contain such information as may be prescribed. (6) In examining an appeal under subsection (2), the Appellate Tribunal may make such further inquiry as it may consider necessary, and after giving an appellant and the Commission an opportunity of being heard, pass such order as it thinks fit, confirming, altering or annulling a determination of the Commission appealed against. Provided that in examining an appeal, the Appellate Tribunal shall, as regards assessment of facts relating to an impugned determination of the Commission, determine on the basis of official record maintained by the Commission or any other documents relied upon by the Commission in reaching the determination appealed against, whether the establishment of facts by the Commission was proper and whether the Commission's evaluation of those facts was unbiased and objective. Where the Appellate Tribunal determines that the Commissions's establishment of facts was proper and its evaluation was unbiased and objective, it may confirm an impugned determination of the Commission subject to the condition that the Appellate Tribunal is satisfied that in reaching the impugned determination, the Commission complied with the relevant provisions of this Ordinance. (7) An appeal under subsection (2) shall be disposed of and the decision of the Appellate Tribunal pronounced, as expeditiously as possible but not later than ninety days from the date of receipt of an appeal compliant with the requirements of subsection (5), except in extraordinary circumstances and on grounds to be recorded. The Appellate Tribunal shall hear the appeal from day to day. (8) The decision of the Appellate Tribunal shall be in writing and shall give details of the issues raised in appeal and the arguments adopted by an appellant and the Commission, and shall give reasons for reaching its decision with reference to the provisions of this Ordinance and the facts of the case. (9) The Appellate Tribunal shall provide copies of its decision to all the appellants and the Commission not later that five days from the date of .rendering its decision. (10) The Appellate Tribunal may, if it deems necessary, require an appellant to provide security in such form as may be prescribed, at the time of filing of an appeal. (11) The decision of the Appellate Tribunal shall be final and no further appeal shall lie therefrom: Provided that the Appellate Tribunal may, if it thinks fit, accept an application from any party to an appeal in which the Appellate Tribunal has rendered its decision, for a clarification of any of the issues raised by the Appellate Tribunal in its decision: Provided further that such application shall specify the precise issue in respect of which a clarification is sought and give reasons as to why a clarification is necessary and the Appellate Tribunal shall only accept such application if it is satisfied that a material issue discussed in its decision requires further clarification or elaboration and a party to be adversely affected by such clarification or elaboration shall also be given a notice before clarification or elaboration is made: Provided further that no application under this subsection shall be accepted by the Appellate Tribunal later than thirty days of its decision. (12) The Appellate Tribunal shall perform its functions under this Ordinance in accordance with such procedures as may be prescribed.